HF 1522

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/24/2023 03:58am

A bill for an act
relating to labor and industry; classifying Occupational Safety and Health Act
citation data; amending Minnesota Statutes 2022, sections 182.659, subdivisions
1, 8; 182.66, by adding a subdivision; 182.661, by adding a subdivision; 182.676.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 182.659, subdivision 1, is amended to read:

Subdivision 1.

Authority to inspect.

In order to carry out the purposes of this chapter,
the commissioner, upon presenting appropriate credentials to the owner, operator, or agent
in charge, is authorized to enter without delay and at reasonable times any place of
employment; and to inspect and investigate during regular working hours and at other
reasonable times, and within reasonable limits and in a reasonable manner, any such place
of employment and all pertinent conditions, structures, machines, apparatus, devices,
equipment, and materials therein, and to question privately any such employer, owner,
operator, agent or employee. new text begin An employer or its representatives, including but not limited
to its management, attorneys, or consultants, may not be present for any employee interview.
new text end

Sec. 2.

Minnesota Statutes 2022, section 182.659, subdivision 8, is amended to read:

Subd. 8.

Protection from subpoena; data.

Neither the commissioner nor any new text begin current
or former new text end employee of the department deleted text begin , including those employees of the Department of
Health providing services to the Department of Labor and Industry, pursuant to section
182.67, subdivision 1, deleted text end is subject to subpoena for purposes of inquiry into any occupational
safety and health inspection except in enforcement proceedings brought under this chapter.
Data that identify individuals who provide data to the department as part of an investigation
conducted under this chapter shall be private.

Sec. 3.

Minnesota Statutes 2022, section 182.66, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Classification of citation data. new text end

new text begin Notwithstanding section 13.39, subdivision 2,
the data in a written citation is classified as public data 20 days after the employer has
received the citation. All data in the citation is public, including but not limited to the
employer's name, the employer's address, and the address of the worksite; the date or dates
of inspection; the date the citation was issued; the provision of the act, standard, rule, or
order alleged to have been violated; the severity level of the citation; the description of the
nature of the violation; the proposed abatement date; the proposed penalty; and any abatement
guidelines. If a notice of contest is filed contesting any part of a citation pursuant to section
182.661, subdivision 3, the date that the notice was filed shall also be classified as public
data 20 days after the employer has received the citation.
new text end

Sec. 4.

Minnesota Statutes 2022, section 182.661, is amended by adding a subdivision to
read:

new text begin Subd. 3c. new text end

new text begin Contestation of time for correction of a violation. new text end

new text begin (a) Where an employer
contests the period of time fixed for correction of a violation that is not a serious, willful,
or repeat violation, the period of time shall not run until the order of the commissioner
becomes final.
new text end

new text begin (b) Where an employer or employee contests the period of time fixed for correction of
a violation that is a serious, willful, or repeat violation, the commissioner may refer the
matter to the office of administrative hearings for an expedited contested case hearing solely
on the reasonableness of the time fixed for correction. The administrative law judge may
order the employer to correct the violation pending final resolution of the cited violations
on the merits.
new text end

Sec. 5.

Minnesota Statutes 2022, section 182.676, is amended to read:

182.676 SAFETY COMMITTEES.

(a) Every public or private employer of more than 25 employees shall establish and
administer a joint labor-management safety committee.

(b) Every public or private employer of 25 or fewer employees shall establish and
administer a safety committee if deleted text begin : deleted text end new text begin it is subject to the requirements of section 182.653,
subdivision 8.
new text end

deleted text begin (1) the employer has a lost workday cases incidence rate in the top ten percent of all
rates for employers in the same industry; or
deleted text end

deleted text begin (2) the workers' compensation premium classification assigned to the greatest portion
of the payroll for the employer has a pure premium rate as reported by the Workers'
Compensation Rating Association in the top 25 percent of premium rates for all classes.
deleted text end

(c) A safety committee must hold regularly scheduled meetings unless otherwise provided
in a collective bargaining agreement.

(d) Employee safety committee members must be selected by employees. An employer
that fails to establish or administer a safety committee as required by this section may be
cited by the commissioner. A citation is punishable as a serious violation under section
182.666.

The commissioner may adopt rules necessary to implement this section.